By Smt. Padmini Sudheesh, President<br /> <br /> The petitioner had deposited Rs.80,000/- on 25/11/06 with respondent Society vide Fixed Deposit Receipt No.184 due on 25/12/06 repayable at 8% interest per annum. As per the terms of the fixed deposit the respondent for and on behalf of the Society assured that the amount will be payable after the due date.<br /> <br /> 2. On 26/12/06 the petitioner approached the Society for receiving the amount for which they were not ready to arrange the payment. After the due date as requested by the respondents the petitioner approached the Society several times, but the amount was not paid. The last date promised by the respondent was on 1/3/07 on that day also amount not returned. Since the respondents intentionally defaulted the payment, the petitioner has got every right to realize the amount with 18% interest after the due date. <br /> <br /> 3. By using the amount payable to the petitioner the Society as well as the respondents gained unlawful monitory benefits. Lawyer notice issued to all and were returned as “unclaimed”. <br /> <br /> 4. The respondents called absent and set exparte.<br /> <br /> 5. To prove the case of the petitioner he has filed affidavit and the documents produced by him are marked as Exts. P1 to P3 series and P4 series.<br /> 6. Heard the counsel.<br /> 7. According to the petitioner he had deposited an amount of Rs.80,000/- as Fixed Deposit on 25/11/06. The due date is 26/12/06. But the amount is not yet returned. So the petitioner is entitled to get the amount deposited with interest. He also claims compensation and costs. There is no counter evidence to the evidence of the petitioner.<br /> <br /> 8. So the petition is allowed and respondents are directed to return the petitioner an amount of Rs.80,000/- (Rupees Eighty thousand only)with 8% interest from 25/11/06 to 25/12/06 and 12% interest from 25/12/06 till realization. Respondents are also directed to pay Rs.500/- (Rupees Five hundred only) towards costs. Comply the order within two months.<br /> Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open forum this the 30th day of June 2008.<br /> <br />